Research On Legal Issues Of Personal Biometric Information Protection

In recent years,due to the continuous development of the information age,various information technologies have become more mature.As a representative biometric identified technology,face recognition is widely used in current daily life.Personal biometric information is a type of information that is collected,processed through biometric technology,which is different from traditional information.Due to the widespread application of biometric technology in our country,various cases related to personal face recognition have appeared frequently in practice in the past years,and the personal biometric information is urgently required to be regulated by law.In this context,the implementation of the related law and regulations fill the long-term gaps in my country’s legislation in this area,but how to use these legal norms in judicial practice to solve complex cases in reality,It needs further exploration and improvement.Regarding the connotation and legal attributes of personal biometric information,the theoretical circle has not been able to form a unified opinion on it.From the perspective of biometric information technology,personal biometric information is a type of information that has been digitized for physiological and behavioral characteristics,Combined with the current related legal provisions,personal biometric information is classified as a type of sensitive information.There are different opinions on its legal attribute in the theoretical circle.The new personality right theory,privacy right theory and property right theory give different definitions of personal biometric information from different angles.Because the infringement of personal biometric information is more complex and special than other general infringement,it is more difficult to identify compared with general infringement.According to the traditional civil law theory,tortious acts can be divided into positive tortious acts and passive tortious acts from the form of behavior.Therefore,this paper attempts to distinguish the tort involving biometric information from this perspective.Regarding the remedies for the infringement of personal biometric information,the author’s point of view is that it needs to be considered from the perspectives of information processing behavior,behavior subject,responsibility determination,and damage compensation.Due to the lack of specific provisions on personal biometric information in current legal norms,it is particularly important to regulate the processing acts of personal biometric information.Secondly,multiple subjects are involved in the process of information processing.For information processors,it is necessary to preset stricter information processing regulations,for information owners,more adequate right are conducive to maintaining their security of personal biometric information.Secondly,the confirmation of responsibility and compensation for damages for personal biometric information infringement are also different from general torts,and this also needs to be considered.